It is noteworthy that we have now received thousands of pages of information pursuant to FRCP Rule 26 (better late than never, I suppose) from the Plaintiffs and the VAST, VAST majority was regurgitation of Forum and various SDA news entity information, including BlackSDA forum threads. But, it also included information from AToday, Spectrum, et al. We are still reviewing it for any real significance, but largely focused on the people of the SDA Church exercising their First Amendment Rights to freely express themselves.
Gailon, I don't quite understand ...
1) What does the "information" of Forum and varous SDA news entities, including AToday, Spectrum & et al have to do with their legal action against you? (Perhaps it is merely meant to confuse/bury information/consume your time??)
2) Does this "information" include information you have actually requested?
Relevancy is a very good question. Can't imagine they will be introducing much, if any of the information without adding significantly to their witness list. Problem is, they will probably be very disappointed to not find Linda Sue Shelton among any of the bloggers. In fact, most would be well beyond the reach of a trial subpoena. Therefore, they would have to expand the lawsuite to add parties to be certain they would be available for trial. That is an expensive expansion for them, but not outside the realm of feasibility. On the other hand, if you know the preponderance of the evidence is against you based upon the allegations against Gailon Arthur Joy and Bob Pickle, how else do you position yourself strategically to win at least something???
On the other hand, if they add Linda Shelton or Derrel Mundall they face crucifixion as they open themselves to serious counterclaims. But, they may face this, regardless of their trial strategy.
As to requested information, it may be in the realm of requested documentation, but not the information we know they have and still have not produced, because they hope for a favorable confidentiality order from the Judge. For us, we always have the Hearing De Noveau on the Confidentiality order before Judge Saylor if the order comes up unfavorably from the Magistrate Judge. Since the Magistrate Judge clearly knows Judge Saylor, he is unlikely to step outside the bounds of Saylor's thinking on the matter.
In the event we are unhappy with the confidentiality order at the district court level, there is always the possibility of an interlocutory appeal to the First Circuit Court of Appeals. Given that Saylor seems to be very much is line with First Circuit rulings, I doubt this would be neccesary, but the option is clearly there.
The entire direction of this case now awaits the belated decision on confidentiality that should have been resolved back in August of 2007. Since confidentiality is not an issue for us, we had no motivation to deal with the issue. They brought it up but given Judge Saylor's clear position at the time, they opted to not address it until the more favorably disposed Magistrate Judge would be the arbiter. Again, I doubt it will be a lot of help to them, but only time and an order will tell the tale with any clarity.
When we have final clarity, we will then be able to press forward with the discovery and get critical documents such as the 11 sets of bank Statements over eight years, add that to the documents from Remnant Publications and compare that to the Auditors documents and we should then have a complete picture that should represent a whole new set of problems for the Plaintiff's case. The financial experts should have a field day with all that information. Then we will be ready to conduct depositions that will clarify and lock in the testimony for the key witnesses on the other side.
Put any deal or a charge from the IRS into the mix and it will be summary judgement time on key issues. Assuming we have some parties with serious counterclaims in the mix and we have a gloomy outlook for the well heeled directors and officers of 3ABN. Unfortunately, it may well turn out the donors will pay the freight, but then, just maybe the donors may be the Directors. Poetic Justice, in my opinion!!!!
I hope that gives some clarity and if not, feel free to ask again.
Gailon Arthur Joy
